[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7879-7881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02477]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0609; FRL-10025-03-R9]


Air Plan Approval; Arizona; Maricopa County; Reasonably Available 
Control Technology--Combustion Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Maricopa County Air Quality 
Department's (MCAQD or ``County'') portion of the Arizona State 
Implementation Plan (SIP). This revision concerns emissions of oxides 
of nitrogen (NOX) and particulate matter (PM) from 
combustion equipment and internal combustion engines. We are approving 
local rules that regulate these emission sources under the Clean Air 
Act (CAA or ``Act'') and making the determination that the County's 
control measures implement Reasonably Available Control Technology 
(RACT) for major sources of NOX under the 2008 8-hour ozone 
National Ambient Air Quality Standard (NAAQS).

DATES: These rules are effective on March 9, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0609. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: La Kenya Evans-Hopper, EPA Region IX, 
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action and Interim Final Determination
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action and Interim Final Determination

    On August 4, 2022 (87 FR 47666), the EPA proposed to approve the 
following two rules submitted by the Arizona Department of 
Environmental Quality (ADEQ) into the Arizona SIP.

----------------------------------------------------------------------------------------------------------------
      Local agency        Rule No.       Rule title                 Revised                    Submitted
----------------------------------------------------------------------------------------------------------------
MCAQD..................        323  Fuel Burning          June 23, 2021.............  June 30, 2021.
                                     Equipment from
                                     Industrial/
                                     Commercial/
                                     Institutional (ICI)
                                     Sources.
MCAQD..................        324  Stationary            June 23, 2021.............  June 30, 2021.
                                     Reciprocating
                                     Internal Combustion
                                     Engines (RICE).
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they 
comply with the relevant CAA requirements. Our proposed action contains 
more information on the rules and our evaluation. On the same day, we 
also made an interim final determination (87 FR 47632) that the 
submittal from the ADEQ corrected SIP deficiencies from a previous 
submittal, allowing us to defer the imposition of sanctions resulting 
from our previous disapproval action concerning the County's RACT 
demonstration for major sources of NOX.\1\
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    \1\ 86 FR 971 (February 8, 2021).
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    No comments were submitted during the public comment period. 
Therefore, as authorized in section 110(k)(3) of the Act, the EPA is 
fully approving these rules into the Arizona SIP. The June 30, 2021 
versions of Rule 323 and Rule 324 will replace the November 2, 2016 
versions of these rules in the SIP. On December 30, 2022 (87 FR 80462) 
we finalized approval for MCAQD Rule 322 to replace the SIP-approved 
version of that rule, which, together with our approval of Rules 323 
and 324, would address our previous disapproval of the major sources of 
NOX RACT element. Therefore, we find that all three rules 
regulating major sources of NOX in Maricopa County meet the 
applicable CAA requirements and include requirements that are 
consistent with RACT for NOX sources. Based on this finding, 
the EPA concludes that the submitted rules satisfy CAA section 182 RACT 
requirements for the 2008 8-hour ozone NAAQS for major sources of 
NOX.

[[Page 7880]]

    As a result of this action, the sanctions that were deferred in our 
interim final determination are now rescinded, and a federal 
implementation plan to resolve the deficiency is no longer required 
under section 110(c) of the Act. We will also delete our previous 
conditional approval codified at 40 CFR 52.119 (Rules and regulations) 
since subsequent versions of Rules 323 and 324 are being approved.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of Maricopa 
County Air Quality Department, Rule 323, Fuel Burning Equipment from 
Industrial/Commercial/Institutional (ICI) Sources, revised on June 23, 
2021, which regulates NOX, CO, and PM from fuel burning 
combustion units at industrial and/or commercial and/or institutional 
(ICI) sources, and Rule 324, Stationary Reciprocating Internal 
Combustion Engines (RICE), revised on June 23, 2021, which regulates 
carbon monoxide (CO), NOX, sulfur oxides (SOX), 
VOCs, and PM rom stationary reciprocating internal combustion engines. 
Therefore, these materials have been approved by the EPA for inclusion 
in the SIP, have been incorporated by reference by the EPA into that 
plan, are fully federally enforceable under sections 110 and 113 of the 
CAA as of the effective date of the final rulemaking of the EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\2\ The EPA has made, and will continue to make, 
these documents available through www.regulations.gov and at the EPA 
Region IX Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
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    \2\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act.
    The State did not evaluate environmental justice considerations as 
part of its SIP submittal. There is no information in the record 
inconsistent with the stated goals of Executive Order 12898 of 
achieving environmental justice for people of color, low-income 
populations, and indigenous peoples (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 10, 2023. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Oxides of 
Nitrogen, Ozone, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: January 31, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart D--Arizona


Sec.  52.119  [Amended]

0
2. In Sec.  52.119, remove and reserve paragraph (c)(2).

0
3. In Sec.  52.120, amend Table 4 to paragraph (c) by revising the 
entries for ``Rule 323'' and ``Rule 324'', to read as follows:


Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *

[[Page 7881]]



            Table 4 to Paragraph (c)--EPA-Approved Maricopa County Air Pollution Control Regulations
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                                                        State effective                           Additional
         County citation             Title/subject           date          EPA Approval Date      explanation
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                                                  * * * * * * *
Rule 323........................  Fuel Burning        June 23, 2021.....  [INSERT Federal     Submitted on June
                                   Equipment from                          Register            30, 2021, under
                                   Industrial/                             CITATION],          an attached
                                   Commercial/                             February 7, 2023.   letter dated June
                                   Institutional                                               24, 2021.
                                   (ICI) Sources.
Rule 324........................  Stationary          June 23, 2021.....  [INSERT Federal     Submitted on June
                                   Reciprocating                           Register            30, 2021, under
                                   Internal                                CITATION],          an attached
                                   Combustion                              February 7, 2023.   letter dated June
                                   Engines (RICE).                                             24, 2021.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
4. In Sec.  52.124 revise paragraph (b)(2)(i) to read as follows.


Sec.  52.124  Part D disapproval.

* * * * *
    (b) * * *
    (1) * * *
    (2) * * *
    (i) RACT determinations for CTG source categories for Aerospace 
Coating and Industrial Adhesives (``National Emission Standards for 
Hazardous Air Pollutants for Source Categories: Aerospace Manufacturing 
and Rework'' (59 FR 29216), ``Control of Volatile Organic Compound 
Emissions from Coating Operations at Aerospace Manufacturing and Rework 
Operations'' (EPA-453/R-97-004), and ``Control Techniques Guidelines 
for Miscellaneous Industrial Adhesives'' (EPA-453/R-08-005)), in the 
submittal titled ``Analysis of Reasonably Available Control Technology 
for the 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) 
State Implementation Plan (RACT SIP),'' dated December 5, 2016, as 
adopted on May 24, 2017 and submitted on June 22, 2017.
* * * * *
[FR Doc. 2023-02477 Filed 2-6-23; 8:45 am]
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